[x-pubpol] Cory Doctorow on WIPO's Broadcasting Treaty

[Joly MacFie]

http://boingboing.net/2012/08/11/wipos-broadcasting-treaty-is.html

By Cory Doctorow <http://boingboing.net/author/cory_doctorow_1> at 2:19 am
Saturday, Aug 11

The UN's World Intellectual Property Organization's Broadcasting Treaty is
back. This is the treaty that EFF and its colleagues killed five years ago,
but Big Content won't let it die. Under the treaty, broadcasters would have
rights over the material they transmitted, separate from copyright, meaning
that if you recorded something from TV, the Internet, cable or satellite,
you'd need to get permission from the creator *and* the broadcaster to
re-use it. And unlike copyright, the "broadcast right" doesn't expire, so
even video that is in the public domain can't be used without permission
from the broadcaster who contributed the immense creativity inherent in,
you know, pressing the "play" button. Likewise, broadcast rights will have
different fair use/fair dealing rules from copyright -- nations get to
choose whether their broadcast rights will have any fair dealing at all.
That means that even if you want to reuse video is a way that's protected
by fair use (such as parody, quotation, commentary or education), the
broadcast right version of fair use might prohibit it.

Worst of all: There's no evidence that this is needed. No serious
scholarship of any kind has established that creating another layer of
property-like rights will add one cent to any country's GDP. Indeed, given
that this would make sites like Vimeo and YouTube legally impossible, it
would certainly *subtract* a great deal from nations' GDP -- as well as
stifling untold amounts of speech and creativity, by turning broadcasters
into rent-seeking gatekeepers who get to charge tax on videos they didn't
create and whose copyright they don't hold.

And since the broadcast right is separate from copyright, permissive
copyright licenses like Creative Commons would not apply. That means that
if you made a CC-licensed video -- as tens of millions of creators have --
that the web-host, the cablecaster, the satellite company or the
broadcaster that made it available to the public could essentially strip
off the license you provided and go back to an all-rights-reserved model,
with them in the driver's seat.

Thanks, WIPO, for showing us once again what a corrupt, anti-creator,
anti-free-speech, economically backwards waste of time and space you are.

During the last hours of the meeting, the WIPO Committee pursued
discussions that led to the adoption of a single text titled “Working
document for a treaty on the protection of broadcasting organizations”
(which has not been published as of today)3. This working document will
constitute the basis of further discussions to be undertaken in November in
Geneva, which WIPO hopes will conclude with a consensus document to be
signed as a treaty early 2013. If WIPO convenes this conference it is
because members have reached a decision and a new treaty may be born.

This procedural detail is a really important one — despite there being no
international consensus, WIPO is pushing for a treaty to be signed quickly.
This is actually a cruel trend in other WIPO negotiations. In the past, it
has seemed like the WIPO bureaucracy has pushed for a conclusion of
treaties just because they have been in negotiation for a long period of
time. For example, another long-running negotiation led to the adoption of
a treaty about performance rights that was opposed by many.

We urge country Members to say no to the WIPO Broadcasting treaty—as they
have said in the past. We continue to believe the preferable model for
addressing these issues is the narrower signal-based approach in the
Brussels Satellite Convention.

Negotiations for a 2014 WIPO Broadcasting Treaty Are
Back<https://www.eff.org/deeplinks/2012/08/negotiations-2014-wipo-broadcasting-treaty-are-back>


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